- DHS proposes suspending new work permits until asylum processing times drop to 180 days or less.
- Unlawful entrants would be barred from employment authorization unless they notify officials within 48 hours.
- The rule aims to deter fraudulent asylum claims and reduce the massive immigration case backlog.
(UNITED STATES) — The Department of Homeland Security proposed a rule on February 23, 2026, that would rewrite asylum-related work permit standards, suspending new permits for many applicants until average processing times fall to 180 days or less and tightening who can qualify at all.
DHS published the proposal, titled “Employment Authorization Reform for Asylum Applicants,” in the Federal Register on February 23, 2026. The agency said it wants to amend eligibility and filing requirements for Employment Authorization Documents tied to pending asylum applications and curb what it described as fraudulent, frivolous, or meritless claims that add to case backlogs.
A DHS Spokesperson said, “For too long, a fraudulent asylum claim has been an easy path to working in the United States, overwhelming our immigration system with meritless applications.” DHS said the proposal would reduce incentives to file weak claims while shifting resources toward people seeking refuge on valid grounds.
At the center of the proposal is a broad halt on new work permits for new asylum applicants. DHS said it would suspend issuance of new Employment Authorization Documents for that group until average processing times for specific asylum applications drop to 180 days or less.
Under current backlogs, that threshold could delay permits for “many years,” the proposal said, though DHS also said other factors could accelerate the timeline. As of May 1, 2026, the rule remained a proposal, and current standards under 8 CFR § 208.7 still governed asylum-based work authorization.
DHS also proposed stricter eligibility rules that stress work permits are not entitlements. The agency said those permits would remain subject to the discretion of the DHS Secretary rather than treated as an automatic benefit that follows a pending asylum filing.
One of the sharpest changes would affect people who entered unlawfully. DHS said unlawful entrants generally would be barred from receiving new or renewal Employment Authorization Documents, with a narrow exception for people who notify border officials of persecution fears within 48 hours of entry.
That 48-hour window stands out because it would tie work authorization access to immediate contact with border authorities. People who miss that window would face a far narrower path to obtaining or extending asylum-related work permission under the proposal.
The rule would also shorten validity periods for certain EAD categories. DHS said reduced durations would allow more frequent vetting and help officials detect fraud, harmful intent, or anti-American ideologies while also allowing quicker removal processing where appropriate.
Another provision would link work authorization directly to parole status. If parole granted under programs such as Family Reunification Parole, or FRP, ends, the associated EAD would be revoked, and the individual would receive notice requiring departure by the parole termination date unless another lawful basis to remain exists.
DHS also outlined filing and screening adjustments aimed at discouraging weak claims earlier in the process. The agency said revised procedures, added vetting, and other screening changes would focus adjudicative resources on backlog reduction and on asylum claims it views as legitimate.
The rationale set out by the department was expansive. DHS said the changes would “reduce the incentive to file frivolous, fraudulent, or otherwise meritless asylum claims,” while also strengthening national security, public safety, and vetting.
The proposal also fits into a wider policy effort to tighten asylum-related work authorization and curb immigration channels that officials believe encourage improper filings. DHS framed the rule as part of a response to backlogs it said it inherited from prior administrations.
Process, however, still matters. The proposal entered a 60-day public comment period after its publication in the Federal Register on February 23, 2026, a standard step that gives the public, advocacy groups, lawyers, and other interested parties an opportunity to file formal responses before DHS decides whether to finalize the rule.
That next phase can take time. Finalization could take months or years, and the proposal is likely to face legal challenges if DHS adopts it in final form.
Until that happens, the present rules remain in place. No final rule had been issued as of May 1, 2026, leaving current asylum work-permit standards unchanged even as the proposed rewrite points to a much narrower system ahead.
The practical effect of the proposal, if finalized as written, would depend heavily on processing speeds inside the asylum system. As long as average processing times stay above 180 days, new asylum applicants would remain blocked from receiving new Employment Authorization Documents under the proposed standard.
That makes the backlog more than an administrative detail. It would become the trigger that determines when, or whether, many pending asylum applicants can obtain permission to work while their cases move through the system.
DHS cast that structure as a deterrent. By making work authorization harder to obtain and less predictable for new applicants, the agency said it would cut the incentive to use the asylum process primarily as a route to employment in the United States.
Supporters of broad asylum access are likely to focus on the same provisions for the opposite reason. A long freeze tied to processing averages, a narrow 48-hour exception for some border entrants, and automatic revocation after parole termination would place much higher stakes on early filing decisions, border interactions, and changes in lawful status.
Even without a final rule, the proposal sends a clear signal about where DHS wants asylum work policy to go. The department has put Employment Authorization Documents, discretionary standards, tighter vetting, and backlog-linked restrictions at the center of its asylum agenda, with the formal record now open in the Federal Register and the existing rules still standing while that fight unfolds.
